Terms and Conditions
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any tool that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer under an organized system for distance sales of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time;
General terms and conditions: the entrepreneur's general terms and conditions.
Article 2 – Identity of the entrepreneur
Levuri.com
Email address: info@levuri.com
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
The text of these general terms and conditions will be made available to the consumer before the distance contract is concluded.
If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are void or voidable, the other provisions will remain applicable.
Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change or modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
the existence or absence of a right of withdrawal
the method of payment, delivery, and performance of the agreement
the period for accepting the offer, or the period for the consumer to accept the offer.
if the entrepreneur guarantees the price
the rate for distance communication, if the entrepreneur has stipulated this
the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the technique for distance communication; or
the regular basic rate for the communication method used;
whether the agreement will be archived after its conclusion and, if so,
whether the agreement will be archived after its conclusion and, if so, how it will be accessible to the consumer;
how the consumer, prior to concluding the agreement,
has access to the information provided by him in the context of the agreement
the information provided by him in the context of the agreement
the manner in which the consumer can check and, if desired, correct the information provided by him in the context of the agreement
the information provided by him in the context of the agreement can be checked and, if desired, corrected
Any additional costs applicable to the shipment will be explicitly stated in the offer.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – verify whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to it.
Before the product is delivered, the consumer will be informed in writing of the following details:
het bezoekadres van het bedrijf waar de consument met klachten terecht kan;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price including taxes, shipping costs, and the method of payment, delivery, or performance of the contract;
the requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.
Article 5 – The Agreement
The agreement is concluded, with due observance of the provisions of Article 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
Within the legal framework, the entrepreneur may check whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse a reasoned order or request or to attach special conditions to it.
The entrepreneur shall provide the consumer with the following information relating to the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, including in any case:
the visiting address of the entrepreneur's place of business where the consumer can submit complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the information as referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the distance contract;
the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur's reasonable and clear instructions.
If the consumer wishes to exercise his right of withdrawal, he must notify the trader within 14 days of receiving the product. The consumer must return the product to the trader within 14 days of this notification. The consumer must prove that the goods have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by them. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned to the trader or conclusive proof of complete return has been provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products and services referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer;
for products on sale and/or composite purchases.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
the provision of which has begun with the consumer's express consent before the cooling-off period has expired;
relating to betting and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are
only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-term transactions: duration, termination, and renewal
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as the entrepreneur has stipulated for himself.
Renewal:
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily newspapers, news magazines, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract is for the regular, but less than once a month.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Company Name: FH COMMERCE LIMITED
Registration: 78937964
Address: RM03, 24/F, HO KING COMM CTR,
2-16 FAYUEN ST, MONG KOK
HONG KONG